M/s. Indira Constructions Vs Southern Power… — Writ and Judicial Review | Telangana HC (2025)

M/s. Indira Constructions Vs Southern Power… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to respondents-TGSPDCL to follow Section 56 of the Electricity Act, 2003 before disconnecting electricity supply to the petitioner; no costs imposed; miscellaneous applications, if any pending, stand closed.

Issue for consideration

Whether the respondents-TGSPDCL can proceed to disconnect power supply to the petitioner without complying with Section 56 of the Electricity Act, 2003 (per counsel for the petitioner, proposed disconnection must be preceded by 15 days' prior notice), following disposal of W.P.No.27875 of 2024 by common order dated 31.07.2025 that had not yet been uploaded/communicated.

Court's answer

Recording the respective submissions, the Court disposed of the writ petition directing the respondents-TGSPDCL to follow Section 56 of the Electricity Act, 2003 before disconnecting electricity supply to the petitioner, with no costs; pending miscellaneous applications stand closed.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Nagesh Bheemapaka, J.), W.P.No.23337 of 2025, decided 06-08-2025: The petitioner, an HT service consumer (party name printed as 'lvl/s. lndira Constructions', Service Connection No. BJH-1262, Banjara Hills, Hyderabad), apprehended disconnection of electricity by respondents-TGSPDCL pursuant to the Common Order dated 31-07-2025 dismissing W.P.No.27875 of 2024 and batch, before upload/release of the order copy, and sought mandamus restraining coercive steps until the order was communicated and reasonable time afforded to appeal. Learned counsel for the petitioner adverted to Section 56 of the Electricity Act, 2003 (submitted: proposed disconnection must be preceded by 15 days' prior notice); the learned Standing Counsel for TGSPDCL submitted that due process of law will be followed before disconnection and, responding, that the TGSPDCL authorities will scrupulously follow Section 56 of the Act before initiating disconnection. Recording these submissions, the Court disposed of the writ petition directing the respondents to follow Section 56 of the Act before disconnecting electricity supply to the petitioner. No costs. Pending miscellaneous applications stand closed. The Court did not adjudicate the merits or legality of the common order dated 31.07.2025.

t^3300I

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 23337 OF 2025

Between:

lvl/s. lndira Constructions, Having its office at Door No. 6-3-251, GVK One Mall, Road No.'1 , Banjara Hills, Hyderabad - 500 034, Telangana With Service Connection No. BJH-1262

...PETITIONER

AND

1 Southern Power Distribution Company of Telangana Limited, TGSPDCL Corporate Office, Central Secretariat, Khairatabad, Hyderabad, Telangana^- 500 O22 Rep. by its Chairman and [/anaging Director

2 The Superintending Engineer, TGSPDCL, Operation Circle, Banjara Hills, Telangana

..RESPONDENTS

Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court^maybe pleased to pass an order or orders or writ or direction more particularly one in the nature of Writ of l\rlandamus declaring the action of the Respondentsⁱⁿ threatening to disconnect the power supply to the Petitioners unit^{purportedlyon} account of disposal of W.P No. 27875 of 2024 vide Order dt.³¹ .O7.2025 even before uploading / communicating the order copy as illegal, arbitrary, in violation of principles of natural^justice, contrary to the^provisions of Electricity Act 2003, besides being violative of the Petitioners rights^guaranteed under Article^14, 19(1Xg) of the Constitution of lndia and consequently to direct the Respondents not to take any coercive steps including that of disconnection of^{power supplytill} the copy of the common order dt. 31.07.2025^{in W.P} No.²⁷⁸⁷⁵ of^{2024 is} uploaded/ communicated and reasonable time is^accorded to appeal^againstthe order / pursue alternate remedy.

lA NO: 1 OF 2025

Petition under Section^'151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased to direct the Respondents not to take any coercive steps including that of disconnection of power supply till the copy of the common c rder dt. 31 .O7 .2025 in W.P No. 27875 of 2024 is uploaded / communicated and reasonable time is accorded to appeal against the order / pursue alternate remr:dy-

Counsel for the Petitioner : Ms.CHALLA KIRANMAYEE

Counsel for Respondents: SRI N.SREEDHAR REDDY, SC FOR TSSPDCL

The Court made the following: ORDER

TI{E HON'BLE SRI JUSTICE^{NAGESHBHEEMAPAI{A}

WRIT PETITI ON No.23337^of.2025

ORDER:

The petitioner is a HT Service^{Consumer, drawing electricity} from the respondents^{'I'GSPDCL.This Court dismissed a batch of} writ petitions, namely^{W.P.No.27875 of 2024 and batch, by way of} a Common Order^{dated 31-07 .2025. Thepetitioneris} apprehensive of discounection^{of electricity supply to its premises} by the respondents-TGSPDCl,^{even before uploading/ releasingof} a cop1, of the said^{Common Order dated3t.O7} '2025'

Heard Ms. Challa^{Kiranmayee, learned counselfor the} petitioner and Sri N. Sreedhar^{Reddy, learned Standing Counsel} for the respondents-TGSPDCL.^{Perusedthe record'}

Learned Standing^{Counselfor TGSPDCLsubmits that the} TGSPDCL will^{follorv due process of law before disconnectionof} po\'er supply to the Petitioner.

Adverting to the submission^{made by learnedStanding} Counsel for TGSPDCL,^{learned counsel for the petitionersubmits} that as per^{Section 56 of the Electricity Act, 20O3 (for short,"the} Act"), any^{proposed disconnection of power supply has to be} preceded by a 15^daYs Prior^notice.

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2

Responding to the submission of^{the learnec counselfor the} petitioner, learned Standing Counsel for^{TGSPD(I L submits that} the TGSPDCL authorities^{u'iil scrupulouslyfollo'r Section 56 of} the Act before initiating disconnection^{of power supply to the} petitioner.

Recording the respective submissions, this^{Writ Petition is} disposed of directing the respondents-TGSPDC[,^{o follorvSection} 56 of the Act before disconnecting electricitv^{supplv tothe} petitioner. No costs.

Miscellaleous appiications, if any^{pending, shali stand}

closed

OWRI^SHANKAR SD/. A.H.S.G ASstqr ANT REGISTRAR

L //TRUE^COPY// bEcrtott^oFFlcER

To,

'li:f'ffJJfl?iffi t#jft'?"j'.:,1,#'":$E'n"E:;::;r'?ji's::L%'g?'o'*

The^{Superintending Engineer' TGSPDCL' Operation Oircle' Baniara Hills'} Telangana

One^{CC to tu4s CHALLA KIRANMAYEE'Advocate |C)PUCI}

OneCC^{to SRI N SREEDHARREDDY'SC FORTcSPDCLIOPUCI}

5 Two^{CD CoPies}

BSK

LY PVL

HIGH COURT

DATED:0610812025

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2 3 SEP 2025
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ORDER

WP.No.23337 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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